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GAHAGAN v. GAHAGAN

51 A.D.3d 863 (2008)

859 N.Y.S.2d 218

ROBERT GAHAGAN, Plaintiff, v. BETSY GAHAGAN, Appellant. JASPAN SCHLESINGER HOFFMAN LLP, Nonparty Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 20, 2008.

Ordered that the judgment is reversed, on the law, with costs, the order entered December 6, 2006 is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

"[An] ... attorney is precluded from seeking fees from his or her client where the attorney has failed to comply with 22 NYCRR 1400.3, which requires the execution and filing of a retainer agreement that sets...

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